- By Nina Jerzy
- ~3 Min
Leave grants for wedding, funeral, and illness scenarios - Leave provisions for marriage, loss of life, and illness: A look at these specific types of time off.
Step into the world of employment leave, where paid time off isn't just for the drama of a loved one's passing - it's for the celebrations of life too. From weddings to health appointments, paid leave isn't limited to vacation days, and there's no hard cap on how many days you can take in a year. However, the legality of this perk may become convoluted, as explains Till Bender, Legal Advisor at DGB Rechtsschutz GmbH.
The law has got your back. "Paid special leave is a legal provision for significant family events and personal hardships," says Till Bender. But, it can be excluded by collective bargaining or employment contract. The handling of special leave can also be dictated by company policies or agreements. If no guidelines are provided, you retain your legal claim, according to Bender.
When is special leave applicable?
According to Till Bender, you may be eligible for special leave in the following scenarios, straight from court rulings:
- Your own wedding (day or two depending on the employer)
- Weddings of children or parents (day of the event)
- Golden wedding anniversaries of parents (day of the event)
- Childbirth of a spouse (day of the event plus recovery time)
- Funerals within the immediate family (up to a week)
- Medical appointments (a few hours, depending on the appointment)
- Burglaries, fires, and uninsured car accidents (as needed)
Caring for Dependents
Special leave is also available for employees caring for a sick child or dependent relative. When employees at your workplace have a claim to special leave, Till Bender suggests using it before receiving child sickness benefit for full salary coverage. Child sickness benefit usually amounts to 90% of your wages, capped at 120.75 euros (approx. 3000 euros monthly salary). Additionally, employees can claim a maximum of 15 days per year per parent, or 30 days for single parents, from their health insurance.
The Care Time Act grants up to ten days of paid special leave to care for a dependent relative in an acute situation. Close relatives include:
- Grandparents and in-laws
- Spouses, partners, and siblings
- Grandchildren and children, adopted or foster children (theirs or partners)
Special leave can also be granted for some volunteer activities and educational purposes, but this depends on the individual case.
Making the Request
In the event of a special leave request, Till Bender advises notifying your employer as early as possible, providing them ample time to arrange for a replacement if necessary. In cases of unforeseen circumstances like fires or accidents, it's best to call as soon as possible, allowing your employer to plan and avoid confusion.
For medical appointments, simply informing your employer or presenting a doctor's appointment card should suffice. However, if your supervisor appears suspicious, a medical certificate or letter from the doctor might be required. Your employer may not demand that you find a doctor available during off-hours.
In case of an unprovoked traffic accident, your employer may request police records or correspondence with the insurance. If you were found at fault, the already paid wages could potentially be recovered, but many employers don't pursue this.
Setting Boundaries
Unlike sick leave, special leave does not have a set duration. "The employer cannot dictate that you only receive leave for your wedding and a family funeral, but not for your sister's," Bender clarifies.
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- Special Leave
- Employer
- Death
- Wedding
- Siblings
- Special leave isn't only applicable during family tragedies; it extends to celebratory events like weddings, too.
- As explained by Till Bender, employees can also take special leave for medical appointments or to care for sick relatives.
- In addition to family events, special leave can be used for health and wellness purposes, such as mental health appointments or personal growth activities like education and self-development.
- The Care Time Act even grants paid special leave for acute situations involving close relatives, like grandparents, partners, and foster children.
- When it comes to exercise your right to special leave, it's important to notify your employer promptly and provide necessary documentation when required, but employers cannot dictate the duration of the leave for personal reasons.
